Report: 'Anti-protester' bills gain traction in state legislatures

Protesters block an intersection on July 17, 2017, in Minneapolis, where demonstrations were taking place after a jury acquitted Officer Jeronimo Yanez in the shooting death of Philando Castile.(Photo: Stephen Maturen, AFP/Getty Images)

WASHINGTON — Republican legislators in 20 U.S. statehouses have proposed — and six legislatures approved — new restrictions on the right to assemble and protest so far this year, according to a new report by the Democrat-aligned State Innovation Exchange.

“These bills would create a new set of crimes, significantly harsher penalties, and costly fines that could apply broadly to anyone — whether they are supporters of the president, members of the Tea Party, or just concerned parents speaking out at a school board meeting,” according to an advance copy of the report. SiX works to advance progressive policies at the state level and calls the wave of bills a “new and disturbing trend.”

“Given this passage rate, there is every reason to think we will see more of these efforts in 2018,” said the report.

Among the states approving what SiX calls “anti-protester” legislation were Arkansas, Oklahoma, North Dakota, Georgia and South Dakota. Arkansas, for instance, has passed a new “anti-loitering” bill that makes it an offense if a person “lingers, remains or prowls in a public place or the premises of another without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity.”

In Oklahoma, where there have been protests against major oil and gas pipelines, "trespassing on property containing a critical infrastructure facility without permission" can now be a misdemeanor punishable by up to six months imprisonment. If the damage is "willful," punishment increases to up to 10 years in jail.

Other efforts have stalled, particularly in states with Democratic governors. After protests in the wake of the 2016 police killing of 32-year-old Philando Castile, Minnesota conservatives proposed several pieces of legislation.

Castile was shot and killed during a traffic stop with his girlfriend and 4-year-old daughter in the car. Supporters say the large-scale protests that followed his death cost police and other agencies $2.4 million over 18 months. One bill would have allowed local police departments to charge protesters convicted of a crime for the costs associated with demonstrations. The bills either failed to advance or were vetoed by Gov. Mark Dayton, a Democrat.

The legislation comes amid rising tensions over civil liberties across the U.S., including police shootings of black men, white supremacist rallies planned in several cities and numerous other demonstrations against President Trump's policies, as well as clashes between police and so-called "anti-facist" or "antifa" protesters. While critics say the efforts mark a dangerous trend threatening to silence dissent, supporters say demonstrations that disrupt or damage public infrastructure and risk public safety go too far.

Rep. Nick Zerwas, a Republican sponsor of a Minnesota proposal that did not pass, said he simply wants to stiffen penalties for behavior that is already subject to fines, including blocking access to freeways and airports.

“It was very narrow in scope and aimed to increase criminal penalties for a few specific violations,” said Zerwas. “What we’ve seen is a pattern of behavior in which individuals are closing down airports or blocking freeways in violation of existing law,” he said.

Others would have increased penalties for protesting on an interstate highway from a gross misdemeanor to a felony, said Minnesota state Rep. Rena Moran.

“The GOP continued to bury anti-protester provisions in successive versions of larger omnibus public safety bills,” she said. “There’s no indication that Republicans won’t continue to try to pass these bills next year,” said Moran.

In “an incredibly disturbing development,” according to the report, some failed proposals would have even reduced penalties for motorists who strike protesters with their vehicles. Earlier this month in Charlottesville, Va., Heather Heyer was killed when a man allegedly supportive of a white supremacist rally plowed his car into a crowd of counter-protesters.

Earlier this year, several similar bills were introduced and failed, including in Tennessee and Florida. In North Dakota, the Standing Rock Sioux tribe's months-long protests against the Dakota Access pipeline blocked roads and caused other disruptions.

A bill proposed in the legislature would have eliminated liability for "a driver of a motor vehicle who, while exercising reasonable care, causes injury or death to an individual who is intentionally obstructing vehicular traffic on a public road, street, or highway."

The bill garnered 41 "yes" votes in the state legislature after legislators tweaked language from absolving a driver who “negligently causes injury or death” to one who exercises “reasonable care” before hitting protesters. Supporters say their legislation would not exempt people who intentionally target protesters, yet critics say motorists could argue their actions were accidental. Fifty legislators voted against it and the bill failed.

While SiX hopes to advance more progressive policy, its challenges are significant, beginning with the numbers.

The Democratic Party holds only 16 governorships and lost more than 900 state legislative seats during the Obama presidency. Republicans now control the governor’s mansion and both legislative chambers in 25 states, while Democrats control all branches in five.